Cited by
Opinions in Minnesota that cite State v. Moore, 438 N.W.2d 101.
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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In the Matter of the Welfare of: D. K. B.-W., Child.
Minn. Ct. App. 2023
This court assumes “the [factfinder] believed the state’s witnesses and disbelieved any evidence to the contrary.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
Because the appellate court does not evaluate the credibility of witnesses, it “must assume the fact-finder believed the state’s witnesses and disbelieved any evidence to the contrary,” C.J.W.J., d at 334 (d 101, 108 (Minn. 1989)).
- State of Minnesota, Respondent, Minn. Ct. App. 2023
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Marianna Kretsu Maki, petitioner, Appellant,
Minn. Ct. App. 2023
“A search warrant is void, and the fruits 14 of the search must be excluded, if the application includes intentional or reckless misrepresentations of fact material to the findings of probable cause.” (quotations omitted); see also State v. Moore , (stating that “innocent or negligent misrepresentations will not invalidate a warrant”).
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
The reviewing court must assume “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.”
- In the Matter of the Welfare of: T. C. G., Child. Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
We also assume that the factfinder “believed the state’s witnesses and disbelieved any evidence to the contrary.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2023
We assume that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.”
- In the Matter of the Welfare of: M. S. M., Child. Minn. Ct. App. 2023
- Carlos Avelino Contreras, petitioner, Appellant, Minn. Ct. App. 2023
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
We also assume that the factfinder “believed the state’ s witnesses and disbelieved any evidence to the contrary.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
In conducting this analysis, we view the evidence in the 11 light most favorable to the verdict, and assume that the factfinder “believed the state’s witnesses and disbelieved any evidence to the contrary,”
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
When reviewing the evidence presented at trial, we must assume that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
This court assumes that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.” State v. M oore
- State of Minnesota, Respondent, Minn. Ct. App. 2022
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
We assume that the fact-finder “believed the state’s witnesses and disbelieved any evidence to the contrary.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
We assume that the fact -finder “believed the state’s witnesses and disbelieved any evidence to the contrary.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
We assume that the fact -finder “believed the state’s witnesses and disbelieved any evidence to the contrary.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2022
4 We assume that “the jury be lieved the state’s witnesses and disbelieved any evidence to the contrary.”
- State of Minnesota, Respondent, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
We assume that the fact -finder “believed the state’s witnesses and disbelieved any evidence to the contrary.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
We assume that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
Franks, 438 U.S. at 155; see also State v. Moore , (discussing and applying Franks).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
The reviewing court must assume “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
d 101, 107-08 (Minn. 1989).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
We assume that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
8 The state conflates these frameworks, quoting State v. Moore , for the proposition that we assume the jury believed the state’s witnesse s. The relevant language from Moore concerns a challenge to the sufficiency of the evidence, not a claim of prosecutorial misconduct.
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State of Minnesota,
Minn. 2021
In urging us to conclude otherwise, and argues that we have previously held that law enforcement contact is a race -neutral basis for exercising a peremptory strike.
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Minn. 2021
We assume that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
We assume that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.”
- State of Minnesota, Respondent, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
We must assume that the fact -finder “believed the state’s witnesses and disbelieved any evidence to the contrary.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
Appellate courts assume that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.”
- State of Minnesota, Respondent, Minn. Ct. App. 2021
- State of Minnesota, Respondent, Minn. Ct. App. 2021
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
We assume that “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
(“Our precedent does not permit us to re -weigh the evidence.”); State v. Pippitt , 4 (Minn. 2002) (“weighing the credibility of witnesses is a function exclusively for the jury”); (holding that appellate courts defer to the jury’ s credibility determinations even in the face of contrary evi dence).
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
We must assu me that the jury “b elieved the state’s witnesses and disbelieved any evidence to the contrary.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2021
A search warrant is invalid —therefore requiring suppression of t he fruits of the search—“if the application includes intentional or reckless misrepresentations of fact material to the findings of probable cause.” (citing Franks, 438 U.S. at 171 -72, 98 S. Ct. at 2684 -85).
- State of Minnesota, Respondent, Minn. Ct. App. 2020
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
The reviewing court must assume “the jury believed the state’s witnesses and disbelieved any evidence to the contrary.” State v. Moore
- State of Minnesota, Respondent, Minn. Ct. App. 2020
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Raymond Cortez Steward,
Minn. 2020
See State v. Moore (Moore I), d 101, 108 (Minn. 1989).
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State of Minnesota,
Minn. 2020
When considering a sufficiency-of-the-evidence argument, we “view[] the evidence in the light most favorable to the jury’s verdict, assuming the jury believed the state’s witnesses and disbelieved any evidence to the contrary.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
If a defendant makes such a showing, the “search warrant is void, and the fruits of the search must be excluded.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
23 We assume that “the jury believe d the state’s witnesses and disbelieved any evidence to the contrary.”
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State of Minnesota, Respondent,
Minn. Ct. App. 2020
And we assume that the fact-finder “believe d the state’s witnesses and disbelieved any evidence to the contrary.”